Capital investments and other structured investments

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Capital investments, asset investments, etc.

Nearly every year in the area of assets and capital investments, partly far-reaching changes are made to the associated financial instruments and structured investments across Europe by the legislator and supervisory authorities. After the implementation of the alternative investment fund manager directive in the German capital investment code (KAGB) in 2013 – keywords "Investment assets" and "AIF" – in 2015 the German small investor protection act (KASG) introduced complex new regulations for the world of asset investments. As a result, profit participating loans and subordinated loans are now in principle also subject to the amended German capital investment act (VermAnlG).
 

One-stop shop for interdisciplinary solutions

Rödl & Partner is not just a collection of lawyers, tax consultants, auditors and management consultants. We work in close co-operation across all our service lines. We set up interdisciplinary project teams to meet the individual needs of our clients in order to efficiently and successfully reach our targets. Our consulting services range from the concept phase to the ongoing challenges in the course of regulatory changes and also include the finalisation phase of an investment.

 

In compliance with these diverse legal and product-related requirements Rödl & Partner provides you with interdisciplinary support for all conceptual, legal and tax matters and also with regard to questions relating to business, financial accounting and audits.

 

 

Legal and tax consulting (design)

  • Preparation and implementation of an appropriate (fund) structure, e.g. public funds/AIF, special funds/AIF for semi-professional or professional investors
  • Design of asset investments (including so-called operative companies, e.g. project development, plant operation, etc.)
  • Design of contractual arrangements for funds
  • Preparation of sales prospectus and important investor information or other information materials required by law
  • Preparation and audit of accession documents
  • Support for sale notification procedure acc. to the German capital investment code (KAGB) or the  prospectus approval process acc. to the German capital investment act (VermAnlG)
  • Review of project-related investment and profitability calculations

    

The real estate and renewable energy asset classes located in Germany and abroad represent the focus of our legal and investment tax consulting services for investment funds and asset investments.
 
More information on investment law is available here.
 

Financial accounting, preparation of the annual financial statement, tax consulting 

  • Preparation of the financial accounting according to the German commercial code (HGB) and the requirements of the German capital investment code (KAGB) for the monthly reporting to the respective capital management company (KVG) and preparation of the monthly notifications to the German central bank
  • Responsibility for the obligatory monthly notifications to the German central bank
  • Preparation of the annual financial statements
  • Preparation of detailed annual reports
  • Publication of the audited annual financial statement with the German Federal Gazette
  • Preparation of tax returns (possibly with inclusion of offsetting and reconciliation for adjustment to the fiscal conditions)

 

Co-ordination of the respective deadlines with the respective capital management company (KVG) and naturally also compliance with your individual reporting obligations.
 
Learn more about tax consulting for capital investments and their initiators.

 

Auditing and internal audit services

In this area we offer all services associated with annual financial statements / annual reports. This in particular includes:
  • Audit of asset statements
  • Execution of internal audits acc. to the German minimum requirements for risk management (InvMaRisk)
  • Assessment of sales prospectuses and important investor information for alternative investment funds acc. to the IDW S 4 standard
  • Audit of the internal control system of service providers for functions outsourced to service providers acc. to IDW PS 951, e.g. with outsourcing companies
  • Assessment of the effectiveness of internal control systems.

 

Comprehensive, high quality and future-oriented services in auditing always have to reflect the wish of the client for added value. Our risk-oriented audit approach enables us to identify problem areas and offer solutions through interdisciplinary consulting and a one-stop shop for all your requirements.

 
Fiduciary services and investor communication; depositary

Our portfolio of services is complemented by fiduciary services, funds controlling, investor support and securities management which we organise through our own trustee companies in Hamburg and Berlin. The Rödl AIF Verwahrstelle GmbH Steuerberatungsgesellschaft with headquarters in Hamburg completes our range of services in the area of investments and alternative investment funds (AIF).
 
Our services include:

  • Organisation and execution of resolutions and disbursements
  • Preparation of tax returns at shareholder level and for separate and uniform profit determination
  • Maintenance of personal data, e.g. for succession, relocation or change of banking details
  • Support for all matters relating to asset management
      

Market intelligence and networking

Rödl & Partner has excellent networking within the business area of assets and investment and alternative investments and investments in material assets. You can exploit our expertise to achieve your success.

 

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